Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
In a split decision, the Fourth Circuit upheld Bankruptcy Judge Paul M. Black, who had denied a motion to compel arbitration in a purported class action alleging violations of the automatic stay in.....
Some exemption planning is permissible, but Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., had a case where it went too far. Indeed, marriage can be a badge of fraud.
In an opinion on February 13.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
Although the right of a trustee to sell an individual debtor’s defensive appellate rights was not before the court, the Eighth Circuit held that an appeal from an order approving the sale of offensive.....
Believe it or not, a debtor can have a homestead exemption in property in another country, even when the debtor doesn’t live there. Bankruptcy Judge Pamela W. McAfee explained how it works in a July 7.....
Forget about advice of counsel; advice from a banker was enough to negate a finding of fraudulent intent, as shown by a July 1 opinion from the Fourth Circuit.
A father made a will specifying the.....
A district judge in Roanoke, Va., ruled that Bankruptcy Judge Paul M. Black did not abuse his discretion in denying a motion to compel arbitration in a purported class action alleging violations of.....
On a question where the bankruptcy courts are divided, Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., sided with the majority in holding that a chapter 13 debtor does not have standing to compel.....
A district court in Minnesota ruled that a debtor is not required to arbitrate when the debtor sues the creditor for violating the automatic stay and discharge injunction. However, the January 13.....